Download or read book Regulatory Models for the Online World written by Rolf H. Weber and published by BRILL. This book was released on 2021-10-18 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global networks have become a major political, economic, and legal topic in discussions among the participants of the "global community". Around the world, governments, legal scholars, and practitioners are in the process of developing theories in respect of the regulation of the online world. These attempts are usually based on a given national "legal culture"; this approach, however, underestimates the importance of an "umbrella" concept. The purpose of this study accordingly consists in the comparative discussion of basic regulatory models (traditional government regulation, international agreements, self-regulation, code-based-regulation) and in the evaluation of their merits related to different topics that play a role in the online world (market entry, access, infrastructure stability, intellectual property, privacy, bad content, etc.). An easy solution is obviously not possible; however, a detailed examination on a comparative legal basis can give some insights for future regulatory initiatives.

Download or read book Shaping Internet Governance Regulatory Challenges written by Rolf H. Weber and published by Springer Science & Business Media. This book was released on 2010-03-10 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The information society is a key issue in everyday life and a phenomenon enc- passing social, cultural, economic, and legal facettes. Currently, an information society’s legal framework is gradually crystallizing under the newly introduced term of “Internet governance”. During the last few years, intensive discussions about the contents of Internet governance have addressed manifold aspects of a possible regulatory regime. In light of the general comprehension that an international treaty structure is mi- ing and that self-regulation as a normative model does not sufce in all respects, new architectural and constitutional theories have been developed; furthermore, the international body of the Internet Governance Forum (IGF) came to life. N- withstanding the available literature on IGF, however, a thorough and systematic study sheding light on the main topics of Internet governance (such as legitimacy, transparency, accountability, and participation) and on the key regulatory issues (for example critical Internet resources, access, protection of civil liberties/- man rights, realization of security, safety and privacy standards, as well as the overcoming of the digital divide) from a legal perspective is not yet at hand. The present publication aims at discussing these legal challenges. This book has benefted from many inputs and encouragements from colleagues that I am deeply grateful for. In particular, I am indebted to the very meaningful discussions and valuable support in the preparation of the publication by my - search assistants lic. iur Mirin . a Grosz and lic. iurR . omana Weber, to lic. iur.

Download or read book Recordkeeping Ethics and Law written by Livia Iacovino and published by Springer Science & Business Media. This book was released on 2006-07-20 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the interrelationship of recordkeeping, ethics and law in terms of existing regulatory models and their application to the Internet. It proposes an Internet model based on the notion of a legal and social relationship as a means of identifying the legal and ethical rights and obligations of recordkeeping participants in networked transactions. It also provides a unique approach to property, access, privacy and evidence for online records.

Download or read book Code written by Director Edmond J Safra Center for Ethics and Roy L Furman Professorship of Law Lawrence Lessig and published by Createspace Independent Publishing Platform. This book was released on 2016-08-31 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.

Download or read book Perspectives on Platform Regulation written by Judit Bayer and published by . This book was released on 2021-11 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: Online social media platforms set the agenda and structure for public and private communication in our age. Their influence and power is beyond any traditional media empire. Their legal regulation is a pressing challenge, but currently, they are mainly governed by economic pressures. There are now diverse legislative attempts to regulate platforms in various parts of the world. The European Union and most of its Member States have historically relied on soft law, but are now looking to introduce regulation. Leading researchers of the field analyse the hard questions and the responses given by various states. The book offers legislative solutions from various parts of the world, compares regulatory concepts and assesses the use of algorithms.

Download or read book Internet Regulation and the International Trade Regime written by Sun Nanxiang and published by Routledge. This book was released on 2022-06-30 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the age of information, an open Internet is a key component for modern economic development. This book analyses the World Trade Organization Agreement for virtual society and explores key questions regarding internet regulation and trade barriers. Information and communication technology has introduced a transformational element to international trade, in the shape of e-commerce. Although internet technology is conceptually neutral, it can be used as a medium that poses severe threats to individual rights, public morals, public order, and national security. World Trade Organization law and jurisprudence, which are the basis of global economic and trade rules, can be applied in cyberspace but internet regulatory measures can also pose a threat to free trade. This book thus explores the following questions: whether internet regulation constitutes a trade barrier; if so, what form does that take; and whether WTO members can invoke exception clauses to justify their internet regulatory measures? The research provides deep interpretations on treaty law and case law, and draws on additional interdisciplinary approaches to answer these questions. This book will be of great interest to Scholars and Students of law, with a focus on international trade and internet regulation, as well as anyone interested in Chinese cyber law.

Download or read book The Governance of Online Expression in a Networked World written by Helena Carrapico and published by Routledge. This book was released on 2017-10-02 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, we have witnessed the mushrooming of pro- democracy and protest movements not only in the Arab world, but also within Europe and the Americas. Such movements have ranged from popular upheavals, like in Tunisia and Egypt, to the organization of large-scale demonstrations against unpopular policies, as in Spain, Greece and Poland. What connects these different events are not only their democratic aspirations, but also their innovative forms of communication and organization through online means, which are sometimes considered to be outside of the State’s control. At the same time, however, it has become more and more apparent that countries are attempting to increase their understanding of, and control over, their citizens’ actions in the digital sphere. This involves striving to develop surveillance instruments, control mechanisms and processes engineered to dominate the digital public sphere, which necessitates the assistance and support of private actors such as Internet intermediaries. Examples include the growing use of Internet surveillance technology with which online data traffic is analysed, and the extensive monitoring of social networks. Despite increased media attention, academic debate on the ambivalence of these technologies, mechanisms and techniques remains relatively limited, as is discussion of the involvement of corporate actors. The purpose of this edited volume is to reflect on how Internet-related technologies, mechanisms and techniques may be used as a means to enable expression, but also to restrict speech, manipulate public debate and govern global populaces. This book was published as a special issue of the Journal of Information Technology and Politics.

Download or read book Researching Internet Governance written by Laura Denardis and published by MIT Press. This book was released on 2020-09-08 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars from a range of disciplines discuss research methods, theories, and conceptual approaches in the study of internet governance. The design and governance of the internet has become one of the most pressing geopolitical issues of our era. The stability of the economy, democracy, and the public sphere are wholly dependent on the stability and security of the internet. Revelations about election hacking, facial recognition technology, and government surveillance have gotten the public's attention and made clear the need for scholarly research that examines internet governance both empirically and conceptually. In this volume, scholars from a range of disciplines consider research methods, theories, and conceptual approaches in the study of internet governance.

Download or read book Internet Governance at the Point of No Return written by Rolf H. Weber and published by buch & netz. This book was released on 2021-04-14 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book begins with an analysis of the technological infrastructure environment and of the manifold regulatory theories developed in the Internet Governance context. Based on this foundation the transnational normative ecosystem is outlined, followed by a detailed discussion of the substantive Internet Governance principles (such as legitimacy, participation, transparency, accountability). These considerations lead to the presentation of relevant international legal concepts (duty of co-operation, global public goods, shared spaces, due diligence, State responsibility) that merit more attention. The outlook proposes potential approaches for improving the future of the Internet Governance design.

Download or read book Fundamentals of Regulatory Design written by Malcolm Sparrow and published by . This book was released on 2020-07-30 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subject: The modern regulatory world is crowded with ideas about different regulatory approaches including, among others: performance-based regulation, self-regulation, light-touch regulation, right-touch regulation, safety management systems, 3rd party regulation, co-regulation, prescriptive regulation, risk-based regulation, a harm-reduction approach, problem-solving, and responsive regulation. Are these various terms merely rhetorical, or aspirational? Do they signal the political preferences of the times? Which of them actually affect operations? Professional regulators--along with everyone else in the risk-control business--face a complex array of choices when they design (or redesign) their strategies and structures, programs, work-flows, relationships, and day-to-day operations. What regulators choose to do, and how they choose to do it, greatly affects their effectiveness, as well as the quality of life in a democracy. This book tackles five major design issues that affect all regulators (and can be applied by anyone else in the risk-control business). It demystifies the various labels and vogue prescriptions for regulatory conduct, clarifies the options, and generates a range of distinct ideas about what it might mean to be a "risk-based regulator." Audience: This book is designed primarily for regulatory practitioners, but will be relevant for other professionals whose roles include risk-management and harm-reduction. In the public sector, this includes law-enforcement and public-safety organizations, as well as security and intelligence agencies. In the private sector it includes compliance managers, safety officers and risk-managers. In the not-for-profit sector this includes any organization that takes on, or contributes to, harm-reduction missions. Author: Professor Malcolm K. Sparrow, of Harvard's Kennedy School of Government, has been working with senior officials in regulatory and enforcement agencies for over 30 years. Prior to joining Harvard's faculty in 1988, he served ten years with the British Police Service, rising to the rank of Detective Chief Inspector. He has authored eight other books, including The Regulatory Craft (Brookings, 2000) and The Character of Harms (Cambridge University Press, 2008). He chairs Harvard's Executive Program: "Strategic Management of Regulatory & Enforcement Agencies." Contents: This book is designed, in the context of a pandemic, to substitute for five core lectures/discussions that would normally be delivered face-to-face in executive-level courses and workshops. Professor Sparrow offers these lectures here in a comfortably accessible and conversational style. Each chapter describes a different dimension of choice, inviting readers to assess their own organization's history and habits as a precursor to figuring out whether, looking forward, some adjustment is warranted or desirable. Each chapter contains a collection of "Frequently Asked Questions" reflecting practitioners' common queries about the concepts presented, and ends with a "Diagnostic Exercise" (a set of probing questions) that readers can use, perhaps with colleagues in a book-group, to apply the analysis in their own setting. Online Teaching: Individual chapters can be assigned as "asynchronous study assignments" for courses on regulatory practice. Students, feeling "all screened out," may appreciate the availability of the paperback edition.

Download or read book Regulatory Delivery written by Graham Russell and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking book addresses the challenge of regulatory delivery, defined as the way that regulatory agencies operate in practice to achieve the intended outcomes of regulation. Regulatory reform is moving beyond the design of regulation to address what good regulatory delivery looks like. The challenge in practice is to operate a regulatory regime that is both appropriate and effective. Questions of how regulations are received and applied by those whose behaviour they seek to control, and the way they are enforced, are vital in securing desired regulatory outcomes. This book, written by and for practitioners of regulatory delivery, explains the Regulatory Delivery Model, developed by Graham Russell and his team at the UK Department for Business, Energy and Industrial Strategy. The model sets out a framework to steer improvements to regulatory delivery, comprising three prerequisites for regulatory agencies to be able to operate effectively (Governance Frameworks, Accountability and Culture) and three practices for regulatory agencies to be able to deliver societal outcomes (Outcome Measurement, Risk-based Prioritisation and Intervention Choices). These elements are explored by an international group of experts in regulatory delivery reform, with case studies from around the world. Regulatory Delivery is the first product of members of the International Network for Delivery of Regulation.

Download or read book Internet Privacy Rights written by Paul Bernal and published by Cambridge University Press. This book was released on 2014-03-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rights to privacy do we have on the internet, and how can we make them real?

Download or read book Social Media and Democracy written by Nathaniel Persily and published by Cambridge University Press. This book was released on 2020-09-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.

Download or read book Beyond Our Control written by Stuart Biegler and published by MIT Press. This book was released on 2003-08-11 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of current and emerging issues in cyberlaw. This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action. Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs.

Download or read book Regulatory Model for Digital Rights Management written by Cong Xu and published by Springer Nature. This book was released on 2020-02-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: ​This book highlights the shortcomings of the present Digital Rights Management (DRM) regulations in China. Using literature reviews and comparative analysis from theoretical and empirical perspectives, it appraises different DRM restriction regulations and practices as well as current advice on balance of interests to analyze the dilemma faced by the DRM system. This research intends to help China establish a comprehensive DRM regulatory model through comparative theoretical and empirical critiques of systems in America and Europe. A newly designed DRM regulatory model should be suitable for specific Chinese features, and should consist of government regulated, self-regulated, and even unregulated sections. The new regulation model might be an addition to existing legal structures, while self-regulations/social enforcement also would be as important as legislation based on case studies.

Download or read book Handbook for Evaluating Infrastructure Regulatory Systems written by Ashley C. Brown and published by World Bank Publications. This book was released on 2006-01-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 200 new infrastructure regulators have been created around the world in the last 15 years. They were established to encourage clear and sustainable long-term economic and legal commitments by governments and investors to encourage new investment to benefit existing and new customers. There is now considerable evidence that both investors and consumers-the two groups that were supposed to have benefited from these new regulatory systems-have often been disappointed with their performance. The fundamental premise of this book is that regulatory systems can be successfully reformed only if there are independent, objective and public evaluations of their performance. Just as one goes to a medical doctor for a regular health checkup, it is clear that infrastructure regulation would also benefit from periodic checkups. This book provides a general framework as well as detailed practical guidance on how to perform such "regulatory checkups."

Download or read book Digital Empires written by Anu Bradford and published by Oxford University Press. This book was released on 2023-08-28 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial Times Best Books of 2023 in Economics The global battle among the three dominant digital powers—the United States, China, and the European Union—is intensifying. All three regimes are racing to regulate tech companies, with each advancing a competing vision for the digital economy while attempting to expand its sphere of influence in the digital world. In Digital Empires, her provocative follow-up to The Brussels Effect, Anu Bradford explores a rivalry that will shape the world in the decades to come. Across the globe, people dependent on digital technologies have become increasingly alarmed that their rapid adoption and transformation have ushered in an exceedingly concentrated economy where a few powerful companies control vast economic wealth and political power, undermine data privacy, and widen the gap between economic winners and losers. In response, world leaders are variously embracing the idea of reining in the most dominant tech companies. Bradford examines three competing regulatory approaches—the American market-driven model, the Chinese state-driven model, and the European rights-driven regulatory model—and discusses how governments and tech companies navigate the inevitable conflicts that arise when these regulatory approaches collide in the international domain. Which digital empire will prevail in the contest for global influence remains an open question, yet their contrasting strategies are increasingly clear. Digital societies are at an inflection point. In the midst of these unfolding regulatory battles, governments, tech companies, and digital citizens are making important choices that will shape the future ethos of the digital society. Digital Empires lays bare the choices we face as societies and individuals, explains the forces that shape those choices, and illuminates the immense stakes involved for everyone who uses digital technologies.